When harmful insects such as bedbugs, cockroaches or other bugs infest a rental unit, complications abound for both the landlord and the tenant. In California, landlords are required to keep dwellings in habitable condition. This includes removing harmful insects, in accordance with California Civil Code Section 1941.1. Failure to maintain an insect-free unit may constitute a breach of the implied warranty of habitability and therefore a breach of the lease contract.

No-Fault Infestations

Insect infestations not caused by the tenant immediately become the landlord's responsibility to eliminate. California landlords are responsible for getting rid of insects in a professional and timely manner if such removal is necessary for the unit to comply with local health codes. This would include removal of roaches and other bugs that would otherwise render a rental unit unsanitary or unsafe.

Tenant-caused Infestations

According to California Civil Code Section 1941.2, if a tenant's actions are responsible for the infestation of insects that have rendered the property uninhabitable, that tenant is responsible for removal of the insects. In this case, the landlord is not responsible for repairs or insect removal and has not breached the warranty of implied habitability. Tenants may be at fault for infestations if they do not maintain cleanliness in the rental unit by properly disposing of trash and other waste.

Landlord Rights

Landlords have a right to enter a dwelling to remove pests, provide pest control or repair problems that may be the cause of the infestation, provided they provide 24-hours notice to the tenant. Generally, landlords have 30 days to make necessary repairs and to remove insects, unless faster removal is deemed necessary for the health and safety of the tenant. According to California Civil Code Section 1940.8, if periodic pest control services are to be performed, the landlord must provide a copy of the professional contract from the pest control company to the tenant.

Tenant Remedies

Tenants have a right to request removal of insects and may withhold rent or abandon the leased property if the landlord fails to make repairs in a timely manner. Landlords who fail to remove harmful insect infestations not caused by tenant negligence may be subject to further prosecution by local government departments under California State Housing Law.

About the Author

Mary Lamphere writes travel, real estate, wellness, health and business content for a variety of online portals. Her work has been featured by a number professional websites since she started writing in 2005. Lamphere holds a Bachelor's degree in business management and is an experienced author, content manager and editor.

Lamphere, Mary. (n.d.). What Is a California Landlord's Responsibility for the Removal of Harmful Insects? Home Guides | SF Gate. Retrieved from http://homeguides.sfgate.com/california-landlords-responsibility-removal-harmful-insects-95080.html

Lamphere, Mary. "What Is a California Landlord's Responsibility for the Removal of Harmful Insects?" accessed May 24, 2019. http://homeguides.sfgate.com/california-landlords-responsibility-removal-harmful-insects-95080.html

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